Right-of-Way Encroachment - Projecting Sign at 1169-1179 Iowa StreetPrepared by: Laura Carstens. City of Dubuque, 50 West 13th, Dubuque, lA, (319) 589-4210
ORDINANCE NO. 73-00
AN ORDINANCE AUTHORIZING JOJANARO INVESTMENTS TO
CONSTRUCT A PROJECTING SIGN AT 1169-1179 IOWA STREET
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Jojanaro Investments, as the owner of the premises known as
1169-1179 Iowa Street, Dubuque, Iowa, and legally described as S 16.07' of N 2/5 of City
Lot 459, S 18.07' of N 86.73' of the N 2/5 of Lot 459 and S 18.13' of N 86.73' of N 2/5 of
City Lot 459 be and they are hereby granted the revocable permit and authority to
construct and maintain a projecting sign under the terms and conditions set forth in this
Ordinance.
Section 2. That such construction shall be done in accordance with plans
heretofore submitted by permittees and approved by the City Manager, under the
supervision and direction of the City Manager, and in accordance with all applicable state
and federal laws and regulations, and the Ordinances of the City of Dubuque.
Section 3. That the permission herein granted is expressly conditioned on
permittees' agreement to:
a. Assume any and all liability for damages to persons or property which may
result from the existence, location, installation, construction or maintenance
of said projecting sign; and
b. Procure and maintain in force during the term of this permit a policy of
liability insurance as set forth in the attached Insurance Schedule; and
c.
Pay on behalf of the City of Dubuque, all sums which the City of Dubuque
shall become obligated to pay by reason of the liability imposed upon the
City of Dubuque for damages of any kind resulting from the location,
installation, existence, construction or maintenance of said projecting sign
sustained by any person or persons, caused by accident or otherwise to
defend at its own expense and on behalf of said City any claim against the
City of Dubuque arising out of the location, installation, existence,
construction or maintenance of the projecting sign and to pay reasonable
attorney fees therefor; and
d.
Indemnify, defend and hold the City of Dubuque free and harmless from any
and all claims, loss, liability and expense for death and/or injuries to third
persons or damages to property of third persons, or for damage to any
property of the City of Dubuque which may occur as a result of or in
connection with the location, installation, existence, construction,
maintenance and repair of the facility, work or improvement permitted herein.
c
.
.
.
.
Ordinance No. -00
August 21,2000
Page 2
Section 4. That the permission herein granted is expressly conditioned upon
permittees' further agreement that should the right and privilege herein granted be
rescinded or revoked by the City Council, permittees, or their successors in interest, as
owners of the abutting property, shall within ten (10) days after receipt of written notice
from the City Manager, so to do, at their own expense, remove said projecting sign and in
the event of their failure to do so, the City of Dubuque shall be authorized to remove said
projecting sign at permittees' expense and dispose of the same, and the permittee shall
have no claim against the City or its agents for damages resulting from the removal of said
projecting sign.
Section 5. That permittees covenant and agree that the revocable permit herein
granted does not constitute an approval of the design, erection, location, construction,
repair or maintenance of said facility and said permittees hereby covenant and agree not
to assert such claim or defense against the City of Dubuque in the event of claim asserted
for death, personal injuries and/or property damage against the permittees arising out of
or in any way connected with the location, installation, construction, design, repair and
maintenance of the facility herein permitted.
Section 6. This Ordinance shall become effective and the rights hereunder accrue
to Jojanaro Investments when this Ordinance has been adopted by the City Council and
the terms and conditions thereof accepted by permittees by acceptance endorsed on this
Ordinance.
Section 7. That the City Clerk be and she is authorized and directed to file at
permittees' expense a copy of this ordinance in the Office of the Recorder in and for
Dubuque County, Iowa.
Passed, approved and adopted this 5th
day of September
,2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
{
'.
.
ACCEPTANCE OF ORDINANCE NO. 73 -00
I (We), the undersigned having read and being familiar with the terms and
conditions of Ordinance No. 73 -00, hereby, for themselves, their successors or
assigns, as owners of the abutting property, accept the same and agree to be bound by
the conditions and agreements therein contained to be performed by permittees.
By:
Title:
Dated:
.
/f1~dd~
.
f
,.
. .
.
.
INSURANCE SCHEDULE
1.
Any policy of insurance or certificate of insurance required hereunder shall be
with a carrier authorized to do business in Iowa and a carrier that has received a
rating of A or better in the current Best's Rating Guide.
Any policy of insurance required hereunder shall provide for a thirty (30) day
notice to the City of any material change or cancellation of the policy prior to its
expiration date.
Jojanaro Investments shall have its insurance agent or company cert,ify in writing
that any policy of insurance required herein with an aggregate limit of liability
has not been reduced by paid or reserved claims at the time of issuance of
policy or certificate.
Jojanaro Investments shall furnish copies of the following policies to the City,
with limits not less than the following, or greater if required by law, and shall also
furnish certificates of insurance from 'all independent contractors or
subcontractors hired by Jojanaro Investments or any independent subcontractor,
which certificates shall provide evidence of coverage for the following with limits
not less than the following, or greater if required by law:
COMMERCIAL GENERAL LIABILITY:
2.
3.
4.
General Aggregate Limit
Products-Completed Operation Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (anyone occurrence)
Medical Payments
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
OR
Combined Single Limit
Medical Payments
$2,000,000
$ 5,000
Coverage is to include: occurrence form, premises/operations/products/completed
operations coverage, independent contractors' coverage, contractual liability, broad
form property damage, personal injury, City of Dubuque named as an additional
insured with thirty (30) days written notice of change or cancellation.
.
,
.
CERTIFICATE OF CITY CLERK
STATE OF IOWA
COUNTY OF DUBUQUE
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed,
qualified, and acting Clerk of the City of Dubuque, Iowa in the County
aforesaid, and as such Clerk I have in my possession or have access to the
records of the proceedings of the City Council. I do further state that the
hereto attached Ordinance No. 73-00 is a correct copy of the original .
Ordinance No. 73-00 approved and adopted by the City Council of the City of
Dubuque, Iowa, at a session held by said Council on the 5th day of
September, 2000.
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
.
Dated at Dubuque, Iowa this 6th day of September, 2000.
Jeanne F. Schneider
City Clerk
City of Dubuque, Iowa
.
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ORDINANCE NO. 73-00
AN ORDINANCE AUTHORIZING JOJANARO INVESTMENTS TO
CONSTRUCT A PROJECTING SIGN AT 1169-1179 IOWA STREET
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Jojanaro Investments, as the owner of the premises known as
1169-1179 Iowa Street, Dubuque, Iowa, and legally described as S 16.07' of N 2/5 of City
Lot 459, S 18.07' of N 86.73' of the N 2/5 of Lot 459 and S 18.13' of N 86.73' of N 2/5 of
City Lot 459 be and they are hereby granted the revocable permit and authority to
construct and maintain a projecting sign under the terms and conditions set forth in this
Ordinance.
Section 2. That such construction shall be done in accordance with plans
heretofore submitted by permittees and approved by the City Manager, under the
supervision and direction of the City Manager, and in accordance with all applicable state
and federal laws and regulations, and the Ordinances of the City of Dubuque.
Section 3. That the permission herein granted is expressly conditioned on
permittees' agreement to:
a. Assume any and all liability for damages to persons or property which may
result from the existence, location, installation, construction or maintenance
of said projecting sign; and
b. Procure and maintain in force during the term of this permit a policy of
liability insurance as set forth in the attached Insurance Schedule; and
c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque
shall become obligated to pay by reason of the liability imposed upon the
City of Dubuque for damages of any kind resulting from the location,
installation, existence, construction or maintenance of said projecting sign
sustained by any person or persons, caused by accident or otherwise to
defend at its own expense and on behalf of said City any claim against the
City of Dubuque arising out of the location, installation, existence,
construction or maintenance of the projecting sign and to pay reasonable
attorney fees therefor; and
d.
Indemnify, defend and hold the City of Dubuque free and harmless from any
and all claims, loss, liability and expense for death and/or injuries to third
persons or damages to property of third persons, or for damage to any
property of the City of Dubuque which may occur as a result of or in
connection with the location, installation, existence, construction,
maintenance and repair of the facility, work or improvement permitted herein.
.
.
.
Ordinance No. -00
August21,2000
Page 2
Section 4. That the permission herein granted is expressly conditioned upon
permittees' further agreement that should the right and privilege herein granted be
rescinded or revoked by the City Council, permittees, or their successors in interest, as
owners of the abutting property, shall within ten (10) days after receipt of written notice
from the City Manager, so to do, at their own expense, remove said projecting sign and in
the event of their failure to do so, the City of Dubuque shall be authorized to remove said
projecting sign at permittees' expense and dispose of the same, and the permittee shall
have no claim against the City or its agents for damages resulting from the removal of said
projecting sign.
Section 5. That permittees covenant and agree that the revocable permit herein
granted does not constitute an approval of the design, erection, location, construction,
repair or maintenance of said facility and said permittees hereby covenant and agree not
to assert such claim or defense against the City of Dubuque in the event of claim asserted
for death, personal injuries and/or property damage against the permittees arising out of
or in any way connected with the location, installation, construction, design, repair and
maintenance of the facility herein permitted.
Section 6. This Ordinance shall become effective and the rights hereunder accrue
to Jojanaro Investments when this Ordinance has been adopted by the City Council and
the terms and conditions thereof accepted by permittees by acceptance endorsed on this
Ordinance.
Section 7. That the City Clerk be and she is authorized and directed to file at
permittees' expense a copy of this ordinance in the Office of the Recorder in and for
Dubuque County, Iowa.
Passed, approved and adopted this 5th
day of September
,2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
.
ACCEPTANCE OF ORDINANCE NO. 73 -00
I (We), the undersigned having read and being familiar with the terms and
conditions of Ordinance No. 73 -00, hereby, for themselves, their successors or
assigns, as owners of the abutting property, accept the same and agree to be bound by
the conditions and agreements therein contained to be performed by permittees.
By:
Title:
Dated:
.
~A~
,
,
/f1~d.a~
.
.
.
.
INSURANCE SCHEDULE
1.
Any policy of insurance or certificate of insurance required hereunder shall be
with a carrier authorized to do business in Iowa and a carrier that has received a
rating of A or better in the current Best's Rating Guide.
Any policy of insurance required hereunder shall provide for a thirty (30) day
notice to the City of any material change or cancellation of the policy prior to its
expiration date.
Jojanaro Investments shall have its insurance agent or company certify in writing
that any policy of insurance required herein with an aggregate limit of liability
has not been reduced by paid or reserved claims at the time of issuance of
policy or certificate.
Jojanaro Investments shall furnish copies of the following policies to the City,
with limits not less than the following, or greater if required by law, and shall also
furnish certificates of insurance from all independent contractors or
subcontractors hired by Jojanaro Investments or any independent subcontractor,
which certificates shall provide evidence of coverage for the following with limits
not less than the following, or greater if required by law:
COMMERCIAL GENERAL LIABILITY:
2.
3.
4.
General Aggregate Limit
Products-Completed Operation Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (anyone occurrence)
Medical Payments
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
OR
Combined Single Limit
Medical Payments
$2,000,000
$ 5,000
Coverage is to include: occurrence form, premises/operations/products/completed
operations coverage, independent contractors' coverage, contractual liability , broad
form property damage, personal injury, City of Dubuque named as an additional
insured with thirty (30) days written notice of change or cancellation.
.
.
.
1 1/411
5411
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08/03/2000 08:38
3195880555
STATE FARM
PAGE 01
.
AUGUST 03, 2000
FBLD~RMAN, JOHN & JANET &
NANCY & ROBBRT DBA JOJANARO
INVESTMENTS
1179 IOWA ST
DUBUQUE IA 52001-4819
Type: BUSINESS-OFFICE
Coverage information
A-BUILDING 170000
Fire Policy Status
B Ph. (319)557-1465
FIRE policy: 95-B6-3400-6 F Yr issd: 2000
Xref:
Locacion: 1169-1179 IOWA ST
DUBUQUE IA
52001.-481.9
Term: CONT
Premium:
Renew date: MAY-26-01
1,307.00 Written date: MAY-26-00
BILLED 08/01/2000
End act 07/31/00
C-LOSS INC ACT LOSS
L-BUSN LIAB 1000000 Amount due:
GBN -'GCREGT 2000000 Date due:
Pee A.GGREGT 2000000 Bill to:
M-MED/PBRSN 5000
Prev prem:
Prev risk: 0
42.59
SEP-05-00
INSD
o
Deductibles applied: 250 ALL PBR OTHBR DBD MAY APPLY
.
Messages:
Year built: 1900
Zone: 01
P.t"ot class: 3
Constr: MASONRY
~~,~:
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o /&,,()1/ eI )j, r;b, 'J < rf-tlw 'n, %- ~ /~-'ld
A I ~~ j} ~ to, 1 3 ';/,lJ 9'5 f; -- J
.,J ,I <[,/3 'v fl
/ ~J. ",/~~sr
//?/ _ Jlf,f ~Q ,<.J 14-1/1 i)/ '5" r - ()
.
08/03/2000 08:38
3195880555
.
STATE FARM
Pire Policy Status
· MORTGAGES
DUBUQUE BANK & TRUST COMPANY
ITS SUCCBSSORS AND/OR ASSIGNS
PO BOX 778
DUBUQUE IA 52004-0778
.
.
prem adj: YRBUS $
Move-in: N
Entry: JU,N-13-00
PMP seg: 99
PAGE 02
AUGUST 03, 2000
54 /BLDAGB-SEBPILE
.
.
.
A
~
CITY OF DUBUQUE, IOWA
MEMORANDUM
August 31, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Right-of-way Encroachment--Projecting Sign at 1169-1179 Iowa
Street
Planning Services Manager Laura Carstens is recommending approval of a
projecting sign at 1169-1179 Iowa Street as requested by Jojanaro Investments.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/dd
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Laura Carstens, Planning Services Manager
.
.
.
"
CITY OF DUBUQUE, IOWA
MEMORANDUM
August 15,2000
TO:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager 5.J~
FROM:
SUBJECT: Right-of-Way Encroachment - Projecting Sign at 1169-1179 Iowa Street
Jojanaro Investments has requested City Council approval to install a sign on their
building at 1169-1179 Iowa Street. It would encroach 60 inches into the public right-of-
way. Jojanaro Investments would like to install a sign for the business, Continental
Realty and Felderman Appraisals. A sketch of the sign is attached. The business is
zoned C-4 Downtown Commercial, which allows for signs to project up to 60 inches into
the public right-of-way.
The construction drawings have been reviewed and approved by the Building Safety
Department as to the type of material, method of construction and vertical clearance.
The request has been reviewed and approved by the Planning Services Department for
conformance to zoning regulations for signs. Jojanaro Investments also has provided
the required insurance and acceptance forms, which are attached.
Since the requested encroachment does not impede the City's use of the right-of-way
or sidewalk, I would recommend approval ot the request. The attached ordinance
provides for a revokable permit and further requires Jojanaro Investments to assume all
liability, defend the City, and hold the City harmless of any claims which may result
trom the installation of the sign within the City right-ot-way.
The City Council is requested to adopt the attached ordinance authorizing the
installation of the sign in the public right-of-way.
LC/mkr
Attachments
cc: Rich Russell, Building Services Manager
Michael A. Koch, Public Works Director
.
.
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SEP-07-00 THU 08:26 PM
lOt"f'ICIAL PlJBLlCATlON)
onDINANCI! No. 73-00
I\N ORDlt4At.lCE AUTHOR.
IZlNG JOJANARO INVEST-
ME:NTS TO CONSTRUCT A
I"nOJrc'J1NG 81GN AT 11811-
'170 IOWA STREET
NOW 'TIII:.RE:I'ORE. BE IT
OFIDAINt:D flY THE CI'J'Y
CCllJN(:/L OIl lHE CITY OF
DIJBur~UF-, IOWA;
~"f,lion 1. TIml Joj'Jrli:lro
IIIV1J.llTl&r1h1. a~ 111" (lWI1~r 01
IMu pr';:I1~Sl;S kllvwn i1~ l1tl~-
1170 lowil $Troel, D~ll>uqul:,
Ic\wn. Ur\l.lltl~ally cjllit~lih6d ~o
G 1(;,(1(' of N 2/5 of Clly Lol
4r,:3. ~ 16,OT' of N 06.73' (It
1110 N 210 01 Lol 4!i0 Ilnd S
19.13' ul N S6,7~' 01 N 215 01
Cily l')l 459 bu umJ tht:y urt!
1I\:I'cIIY gl'Mtod III... revlX:,lblt:
r",mlll ;"ll.J .Iull'lorily to con.
L.lruol :\I1C1 m.1int,'ln a ",rIJJoct.
Inn t.IWI un..!..:r tho tllnns and
f,ol'\llilions Mt 1"'1101 In lhis
(),din,tI\co.
Cucliort 2, Th,,1 $11(,11 con'
WI,lr.rlon 1'<11i11l bl: dono in
ucr;ort.ltlnUu wilh 1'1.'n~ hp.re.
I<>folo r.lllltnrUud by p<.nmiltRA$
mill "pprov~r;l I'ly the City
M,1nn,/Ct', undor lho SUflCllvi-
~i('n :Inri l1ifecU'lI\ of the Cily
M'lrlil()'Cr, and in nc/:nrd,mclJ
wilh nil ClPPIi(;l\blo lil.:ltG o)nd
I, :durhll Illw~ and r~(I\llutilJnli.
mid llie OruillMcon of thll CitY
c:.fOIJlllIflIIC..
C'.'~'lion 3. Th.u tll" p"'IJni~.
~I('II ho,.:in (Trtmlud Is llll-
flf\J:1~,ly coneJitinnl1c) 011 pur-
111ill'''.:'~' :'1(J1 uCrTl'lnt to;
IJ, A~!;lIm" {Iny nnc.l nllli"bilily
fl)' d,'lltCI(jV:l to porson~ or
pmrx;rty whlr;h mw rC!il.IH
110m 1111) UxilltcnoO, lQt1:;ltion.
Im.l;)jI;Hi(>n, CQIlQtruelio!l or
rll!dlllt.'TlEVlOl) 01 !l,'lirl Ilwjel.:tino
:;irjn; 'InrI
Ii. Plc()ure IInd IT1nlllL,lin ill
r"'l n,', \1l1finrJ lhl,) !(lI'TT) 01 this
pelmit a policy or li.,Vilily
lmllrmlcu ~2 lot fOrll1 in Ihe
nllar.11l1d Ir'sllr~ tCC SchcdulA;
llllrl
1:. r.\y 011 buhulf of thll Cil}'
01 OllhuqlJl~, rill r.lllll~ WhiCh
II "' tily or DubuquQ ~hljlll
~'Jr.:QI"~ opli!lllled 10 ptlY by
1'001.1>11 of lho li~bilHy impo~lld
\lpOIl Iha Clly of DullllllllO far
rl.lI'l\:'\(JI.$ or ;'\oy IIlml rusullino
II\lrn HIO loc,nion, InSllllll1tion,
Mll;l,lll('O, tOn~lruclion or
IIIillflll.llliU1CC of ~~'rd projl:/;~110
r.iOll ~u':lalnlld by ;lilY person
or tlL:l~(JII_, CllUS(ld fly (lnol-
c1ur,t (:or olhl'llWlli'~ tt) llufund Ilt
Il:l (IWlI oxpon~e norl on bfllinlf
01 l:o~id CiTY (lilY cl.1irn ilg~inlOt
IIH) eily pr Pul)l)fJ4A (IriSin!)
out of tho k>ealil)(l. Installation,
exl:all'lno. (10n~llU~tklfl or
nh.llltl.'I1(1rlr:u or th~ proj<'ll':liI1!l
~i(n1 Oll)d to pny rO,WtJllHblo
iJ11/Jrr'il1Y I,M; ~ll:rorlll': lInd
.1. 11Idnnlnify. ~"f"'nd nod
hnld lhe OIly 01 (Juhllquo Ire.
nllJ I"'rlll/Qs:> from ~ny Ilnd :111
Cltlitn~, lor.fi, lilllJlllly l1l'ld cx-
1"I'IIt\1J f,,'r dUll III nl,ci/Qr rnJl'II(:~
C) Olircl Pflrw,'$ or dUlmlq.,3 to
""'t>t,:rl)' or o,lrd pOr:\anr., or
tnr J.-,rn.~u" to rillY l"OI'"r I)' of
tho CUy ,.f Oubuquc whlol1
HIlLY ocour illS n r/!!,"1t (.If or Irl
ccnnnelioll willI UlC rC~lic".
hl~'[;llloJU,'n. OXllltOl1C8. r.nn-
Gltuol!ell, mnlntvllUI1Cu Lind
'''I'"lr 1.11 the 'uoilily, work PI'
illlj,rUvoln'JnI pennillellir"'toin.
~"nlil)n 4. llmllho pormil>-
TELEGRAPH HERALD
~jon hO/dn grOlntl:ld la 9)(-
pre~~ly Cf.>l\uil!OIlUd llpon
r.>Orrllil!o"~' lurtl1er a1!)l"\If'lm"'nt
thli! ~t-.ollld the tighL IInd prlvl-
lugo heroin granllld be le-
,;c1n1111,j or lovol(lld by tha City
Cuuncil. plrmjrtte~, Or' thulr
~oUIX."$Sor~ In inlcreat. u
owners of th., abullil'lJ PIl.lp.
o)l'ly. $hall wiU,in Wn (10) dSlYIl
L1111J1' raooi~ 01 written nelic"
from 1t,,, Ci~ M.1l'lllgor. ~o to
00, at UI811 own expense,
rliln10ve t,old projccbng _ign
und In thll eYMt of thlllr 111iluru
to dlJ SO. the City of Dubll/11le
th.'lll l>fl :tllthorlzcd to TOmOy;
:i",ld projl.ctlng "llO al permil-
ttle~' e~I>\lntlc C1hd di~po~e of
Lha $ilrnu. amI tile MrmiU(lo
!\hi\1I hnve 110 claim iaQilln~t the
Clt~ or Hs Olger)t$ lor dlll1lagQ$
r69llllin(1 rronl thu romovllr of
503i d proJ"onng 51!)n.
Sel.llrJl1 5. Thai plrmitt1lll"
covenant and sorell 111<:,1 lho
rlw.)r;l\I.,lu permit herein
otl~llod does not col1~tilllle on
npprov,11 1)/ lflu dCl>ign, Qt'GIC-
lion. loc-lltlon, cont.b'uctlcm,
rOlpl'lr or 1Yl1llnLollllnce of r.::lid
raciHty llncl Sllid perl'T'lillel)~
hI:! d)y '~J\lCnanl IIIld IlgrtlO3
Mt tt) Ot.$tll such ul.um or
cJurUIlSC flg:a/r1st the Cily 01
Dll~dJClUO i" tho uvmlt 01 olZlirn
C1,;$eI1ed lor d~'th, pllt$I)l1l\1
Injuria!: andieI' property d~m'
llQIl Il!lflinot Ihfl purmil1l1cs
un:;lnl1 oul of or In ony way
conl1~ocll)o.I wid. till: 1000ltion,
in.1.111:illion. c:onslrllclit>tl,
dd$il)ll, rl'lptlir and m::llntl!-
ntlllea of Iho 1ncilitY hlJrcin
J'l~nnlll"/.I.
Ssclion 6, This Ordin~nue
1,;I'lall beeornu alflCtive and tIl<'l
rililhtf. htv'l)llnd()r OOcnJtI to
.Joj!ll'1Bro InveS1menl$ Wh~'l
thi$ Ortlhl:'U1l,;u haa beAn
lItlopt~d by the Olty COUnt:11
(with.. tuCnlll nnd oonQition~
thereof rmcepted by pcrmil-
lOW; by ;)eC0ptanC'l ent\f"lf~r)d
011 thi~ OrdlnCU'lcc,
Secllon 7. Thllt the City
Glerk LlI:: Ilnd aho I! aUlhori1eo
.lnd dlr0cl~d to file at IJQrnlll-
lee&' OXI)('nlc a copy of this
ordinllnCfl In the Olr,co 01 thu
necor<Jer In unc for Dubl.lQllfl
Counly.lowa,
r.\~$ed, L~,provQd line!
Muptod Lhis ..Ih doy of Sl:P'
r"'mIJer, 21m.
T ~rrDnl:e M. OUOOIIII, M"yur
AltRr. t: ,h','TlM F. SchneIder,
CILy Clerl(
N)CE~lANCE: OF
ORDINANCE NO, "3-00
We. the undurl;lgnud having
road and beil1g fllmlllN' wiUI
the lllrr11G Wid conditions of
Ordinance No. ~3.0(). hcr'lolby,
for 0'":rn~oIv"3. thQjr $IICIlE>$-
COI'S or 811F,.igr'l'l. ;'\$ Qwnur:> of
lh". ~I'Ultllla ,:>ropurty, llccept
tlie ~lIrnc /In<l 1I{j(1'1! to b()
bound by 1M 1,;0lldilionE ""4
:.!(Jrcurnunls II1QrQin cent~ll'1ed
to bll pr.rf('nYl~ bvyOrmilllle5.
~y: /51 Robert J. Felclernlfln
By: (tJ J'lIl<lt D. r-ulwrm<m
lJy: 1st JoIu1 L. FeldllrnW'l
By: Is! Nlincy J. FlJltMmil/1
JO~\rl\\rO Invootnton!8
D:ll"d: Augll~t 4, :!OOO
F'ubll.~I1M (.1 hClally in the
rl'Jc'!l'./ph HQr;zld nQWS1pAt>nt'
Utis 11l1'1 dGY 0' S"plutnbor,
:"'01\1\.
JellnM F. ::JclTllllklcr.
CilyCIQo1<
FAX NO. 3195885782
P, 07
1t0/11
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(OFFICIAL PUBLICATION)
ORDINANCE NO. 73-00
AN ORDINANCE AUTHORIZING JOJANARO INVESTMENTS TO CONSTRUCT A
PROJECTING SIGN AT 1169-1179 IOWA STREET
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 9F
DUBUQUE, IOWA:
Section 1. That Jojanaro Investments, as the owner of the premises known as
1169-1179 Iowa Street, Dubuque, Iowa, and legally described as S 16.07' of N 2/5 of City
Lot 459, S 18.07' of N 86.73' of the N 2/5 of Lot 459 and S 18.13' of N 86.73' of N 2/5 of
City Lot 459 be and they are hereby granted the revocable permit and authority to
construct and maintain a projecting sign under the terms and conditions set forth in this
Ordinance.
Section 2. That such construction shall be done in accordance with plans
heretofore submitted by permittees and approved by the City Manager, under the
supervision and direction of the City Manager, and in accordance with all applicable state
and federal laws and regulations, and the Ordinances of the City of Dubuque.
Section 3. That the permission herein granted is expressly conditioned on
permittees' agreement to:
a. Assume any and all liability for damages to persons or property which may result from
the existence, location, installation, construction or maintenance of said projecting sign;
and
b. Procure and maintain in force during the term of this permit a policy of liability insurance
as set forth in the attached Insurance Schedule; and .
c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become
obligated to pay by reason of the liability imposed upon the City of Dubuque for damages
of any kind resulting from the location, installation, existence, construction or maintenance
of said projecting sign sustained by any person or persons, caused by accident or
otherwise to defend at its own expense and on behalf of said City any claim against the
City of Dubuque arising out of the location, installation, existence, construction or
maintenance of the projecting sign and to pay reasonable attorney fees therefor; and
d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all
claims, loss, liability and expense for death and/or injuries to third persons or damages to
property of third persons, or for damage to any property of the City of Dubuque which may
occur as a result of or in connection with the location, installation, existence, construction,
maintenance and repair of the facility, work or improvement permitted herein.
Section 4. That the permission herein granted is expressly conditioned upon
permittees' further agreement that should the right and privilege herein granted be
rescinded or revoked by the City Council, permittees, or their successors in interest, as
owners of the abutting property, shall within ten (10) days after receipt of written notice
from the City Manager, so to do, at their own expense, remove said projecting sign and in
the event of their failure to do so, the City of Dubuque shall be authorized to remove said
projecting sign at permittees' expense and dispose of the same, and the permittee shall
have no claim against the City or its agents for damages resulting from the removal of said
projecting sign.
Section 5. That permittees covenant and agree that the revocable permit herein
granted does not constitute an approval of the design, erection, location, construction,
.
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repair or maintenance of said facility and said permittees hereby covenant and agree not
to assert such claim or defense against the City of Dubuque in the event of claim asserted
for death, personal injuries and/or property damage against the permittees arising out of
or in any way connected with the location, installation, construction, design, repair and
maintenance of the facility herein permitted.
Section 6. This Ordinance shall become effective and the rights hereunder accrue
to Jojanaro Investments when this Ordinance has been adopted by the City Council and
the terms and conditions thereof accepted by permittees by acceptance endorsed on this
Ordinance.
Section 7. That the City Clerk be and she is authorized and directed to file at
permittees' expense a copy of this ordinance in the Office of the Recorder in and for
Dubuque County, Iowa.
Passed, approved and adopted this 5th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 73-00
We, the undersigned'having ~ead and being familiar with the terms and conditions
of Ordinance No. 73-00, hereby, for themselves, their successors or assigns, as owners
of the abutting property, accept the same and agree to be bound by the conditions and
agreements therein contained to be performed by permittees.
By: /s/ Robert J. Felderman
By: /s/ Janet B. Felderman
By: /s/ John L. Felderman
By: /s/ Nancy J. Felderman
Jojanaro Investments
Dated: August 4, 2000
Published officially in the Telegraph Herald newspaper this 11 th day of September,
2000.
1t 9/11
Jeanne F. Schneider, City Clerk